A 26-years-old man has escaped deportation to his country of residence, India after he was found to be a ‘victim of a malicious complaint’ by his New Zealand partner at that time.
The New Zealand Immigration and Protection Tribunal accepted the humanitarian appeal of the appellant (identified only as ‘JU’), against his liability for deportation when Immigration New Zealand determined that “he was not of good character and was therefore liable for deportation.”
According to the decision of his appeal released recently, in November 2019, JU’s then partner called the police claiming she had been slapped across the face “with full force”. As a result, he was arrested and charged with the offence “assaults person in family relationship”. He, however, denied slapping her.
He was not convicted of an offence, but was given police diversion. He completed a non-violence programme on 10 June 2020.
In his appeal, JU claimed the assault complaint made to the police was “motivated by malice by his disgruntled partner and was inflated.” He also outlined her “chequered history with a number of criminal offences.”
He arrived in New Zealand in September 2015 as the holder of a student visa and subsequently completed Level 5 & 6 Diplomas in Business. He was granted a post-study employer-assisted work visa in July 2018.
He had met his now ex-partner in October 2018 through a Facebook advertisement for a cell phone and was “swept off his feet by a flirtatious young woman.” He moved in to live with her in January 2019.
In support of his appeal, he submitted letters of support and character references from his employer, work colleagues, New Zealand Sikh Society, members of the community, etc.
Based upon the evidence submitted, the tribunal determined it would be “unjust or unduly harsh for him to be deported”and cancelled the deportation liability notice as he is “the victim of a malicious New Zealand citizen who has deliberately sought to punish him for leaving the relationship.”
The tribunal accepted and acknowledged that he “was naïve and failed to see the warning signs that his relationship was unhealthy, and that his partner had a chequered past characterised by criminal offending, criminal gang associates, and problems with alcohol…he is now facing deportation as a result of his unwise infatuation with a streetwise and vindictive young woman that has had serious and overwhelming consequences for him.”
The tribunal has ordered Immigration New Zealand to grant him a 12-month work visa.